Suresh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90926 of 2025 Arising Out of PS. Case No.-215 Year-2025 Thana- KHAIRA District- Saran ====================================================== Suresh Sah S/o Ganesh Sah Resident of Village- Harpur Dakchhin Tola, PSBaniyapur, Distt.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kumar Singh, Advocate For the Opposite Party/s :
Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Khairah PS Case No. 215 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that 20 liters liquor was recovered from motorcycle.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner has purchased the motorcycle in question from
Patna High Court CR. MISC. No.90926 of 2025(2) dt.12-01-2026 2/2 one Om Prakash Pandey but the petitioner has been implicated on extraneous consideration by the police party. The petitioner is in custody since 20.10.2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khairah PS Case No. 215 of 2025.
(Rudra Prakash Mishra, J) Raj Kishore/- U T